Appellate Jurisdiction; Whether Appellate Court Properly Dismissed the
Defendant’s Amended Cross Appeal for Lack of a Final Judgment. The
plaintiffs brought this action by a six count complaint alleging the
defendants’ breach of an agreement to merge the parties’ businesses. The
defendants filed a two count counterclaim. The trial court issued a memorandum
of decision that disposed of some of the counts of the complaint and both counts
of the counterclaim. The court rendered judgment in favor of the defendants on
one count of the counterclaim and in favor of the plaintiffs on the other
count. The plaintiffs appealed from the judgment on the counterclaim and the
defendants cross appealed, seemingly challenging both the incomplete judgment
on the complaint and the judgment on the counterclaim insofar as it found
against them on one count. The plaintiffs moved that the Appellate Court
dismiss the cross appeal for lack of jurisdiction, claiming that the defendants
were only challenging rulings rendered as to their complaint and that an
appealable final judgment had yet to be rendered on that pleading. Before the
Appellate Court could rule on the motion to dismiss, the trial court rendered a
judgment finally disposing of all the counts in the complaint, finding in favor
of the plaintiffs on some counts of the complaint and in favor of the
defendants on others. The defendants responded by amending their cross appeal pursuant
to Practice Book § 61-9 to include a challenge to the judgment on the complaint
insofar as it favored the plaintiffs. The plaintiffs then amended their appeal
to include a challenge to the judgment on the complaint insofar as it found in
favor of the defendants. The Appellate Court subsequently ruled on the plaintiffs’
motion to dismiss, ordering that the defendants’ cross appeal as amended be
dismissed insofar as it challenged the judgment on the complaint. The Supreme
Court granted the defendants’ petition for certification to appeal and will
consider whether the Appellate Court properly dismissed the defendants’ amended
cross appeal for lack of a final judgment.